Joke Collection Website - Public benefit messages - Is it illegal to call your parents at home?
Is it illegal to call your parents at home?
1. If the parents' residence is the contact information filled in by the borrower when borrowing, the collection is legal;
2. A dunning company is legal as long as it is established according to law. When a dunning company collects debts, it violates the law, and it is illegal to collect debts by violence.
3. The legal loan relationship is protected by law.
Illegal debt collection includes:
1. Calling relatives or friends in the borrower's address book without the borrower's permission, harassing for many times;
2. Intimidate or threaten the borrower or relatives and family members of the address book by means of WeChat or SMS;
3. The borrower calls more than 3 times within one day after the deadline;
4. The borrower fails to make timely overdue collection;
5. Expose the personal information of the borrower.
To sum up, if the parents' residence is the contact information filled in by the borrower when borrowing, then the collection is legal; A dunning company is legal as long as it is established according to law. When a dunning company collects debts, it violates the law, and it is illegal to collect debts by violence.
Legal basis:
Article 4 12 of the Civil Code of People's Republic of China (PRC)
If the debtor fails to perform the due debts or the realization of the mortgage agreed by the parties occurs, resulting in the mortgaged property being sealed up by the people's court according to law, the mortgagee has the right to collect the natural fruits or legal fruits of the mortgaged property from the date of sealing up, except that the mortgagee has not notified the debtor who should pay off the legal fruits.
The fruits specified in the preceding paragraph shall be used as the expenses for collecting fruits first.
One of article 293.
One of the following circumstances constitutes the crime of illegal debt collection. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:
(1) Using violence or coercion;
(2) restricting the personal freedom of others or intruding into others' houses;
(3) Threatening, stalking or harassing others.
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